An employee of mine went out on a workmen's comp claim (the validity of which is not clear, but this is not the issue) on Dec. 30, 2013. She now wants to come back. In the interim we have had a wonderful replacement who we would prefer to keep. Do I need to hire back my initial employee. We are a small chapter S corp with a total of 8 employees - 6 full time and 2 part time. If I am required to hire her back, do I need to offer her the exact same job or can I restrict her hours some as our current employee is doing the same job in less hours.
Answer
I have sued employers for doing the same as your question. You are required to return your employee to the same or similar position on her return from Workers Comp. leave. Here is a suggestion, speak with an employer based Workers Comp. attorney on what arrangements you can make with this employee. If you do this on your own it may cost you under the anti-discrimination section of the Workers Comp. law and you may (I have done this) find your company defending a lawsuit brought under federal and state law (add New York City law if your company is based in NY). Thank you for posing your question and avoiding what could be a messy situation.
Best wishes.
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